Court orders new sentencing for Ocean man who killed mom, stepdad

A state appeals court today upheld an Ocean County man's murder conviction, but ordered a new sentencing.

A unanimous three-judge panel found Peter O'Brien, now 29, was properly found guilty of killing his mother, Josephine O'Brien, and stepfather, Anthony Napoleon, after stealing $40,000 from them in 2004.

However, the panel found that at sentencing the judge mistakenly applied an aggravating factor that the couple were over 60. They were in their 50s at the time. As a result, O'Brien will have to be sentenced again.

Prosecutors said the judge's mistake will likely lead to a "minor adjustment" in O'Brien's 130-year prison term.

Senior Assistant Ocean County Prosecutor Samuel Marzarella said he was pleased with the conviction.

"They were two people who were relatively young, gunned down by somebody who was in their own house who basically set a trap for them. The facts themselves are somewhat shocking," said Marzarella.

A call to the state Public Defender's Office was not immediately returned.

The case dates back to May 2004. O'Brien picked up his mother and stepfather at the airport, welcoming them back from Florida, where they had spent the winter, and took them to the Toms River home the three shared. During the ride, the three chatted about nothing in particular, and when they got home O'Brien helped unload the luggage, court records show.

But fearing the couple would discover he stole $40,000 from them while they were away, O'Brien shot them both, according to court records.

As he lay bleeding on the floor, his stepfather looked up and said "I love you."